[Ord. #1137, S1]
The purpose of this chapter is to issue a municipal consent
and to grant to TCI of Northern New Jersey, Inc. a non-exclusive franchise
to place in, upon, along, across, above, over, and under the highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the municipality of a cable television
system and cable communications system, in accordance with the power
granted by N.J.S.A. 48:5A-22, allowing the municipality to grant the
authority to one (1) or more cable TV companies to operate in the
borough, consistent with Federal and State regulations. The Borough
of Bogota reserves the right to grant a similar use of said public
ways and places to any person at any time during the period of this
franchise.
[Ord. #1137, S2]
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
Such meaning or definition of terms is supplemental to those definitions
given by the Federal Communications Commission F.C.C. Rules and Regulations,
47 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C.
§ 521 et seq., as amended, and the Cable Television Act,
N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to broaden,
alter, or conflict with Federal or State definitions:
a.
Municipality shall mean the Borough of Bogota, County of Bergen,
State of New Jersey.
b.
Company shall mean the grantee of rights under this chapter and is
known as TCI of Northern New Jersey, Inc.
c.
Act or Cable Television Act shall mean Chapter 186 of the General
Laws of New Jersey, and subsequent amendment thereto, N.J.S.A. 48:5A-1
et seq.
[Ord. #1137, S3]
A public hearing concerning the consent herein granted to the
company was held after proper public notice pursuant to the terms
and conditions of the Act. The hearing was fully open to the public,
and the municipality received all comments regarding the qualifications
of the company to receive this consent. The mayor and council hereby
finds that the company possesses the necessary legal, technical, character,
financial, and other qualifications, and that the company's operating
and construction arrangements are adequate and feasible.
[Ord. #1137, S4]
The consent hereby granted shall become effective as of the
date of the expiration of the current franchise, and shall expire
ten (10) years from such effective date.
[Ord. #1137, S5]
The consent hereby granted to the company shall apply to the
entirety of the municipality and any property hereafter annexed.
[Ord. #1137, S6]
a.
Pursuant to the terms and conditions of the Act, the company shall,
during each year of operation under the consent granted herein, pay
to the municipality two (2%) percent of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
to its cable television reception service in the municipality or any
amount permitted by the Cable Television Act or otherwise allowable
by law.
b.
Said fee shall become operative upon the effective date hereof and
shall remain in effect during the term herein specified, unless amended
as herein provided.
c.
The borough reserves the right to charge such increased annual fee
as may at any time hereafter be authorized by statute, or to petition
for an increase in such franchise fee, as provided in N.J.S.A. 48:5A-30(c).
[Ord. #1137, S7]
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the municipality
by the company except as modified herein, are binding upon the company
as terms and conditions of this consent. The application and any other
relevant writings submitted by the company shall be annexed hereto
and made a part hereof by reference as long as same does not conflict
with State or Federal law.
[Ord. #1137, S8]
The company will complete a system upgrade to provide the capability
for up to one hundred fifteen (115) channels of standard cable, as
well as an array of future digital capabilities. The municipality
requires the company provide a proposal for the upgrade by January
1, 1998, calling for the completion of the proposed upgrade by January
1, 2000.
[Ord. #1137, S9]
The company shall provide free of charge the installation of
one (1) outlet and expanded basic monthly service to: all schools
in Bogota, the Bogota First Aid Squad, Bogota Rescue Squad, Bogota
Public Library/Senior Citizens' Center, the Bogota Police Headquarters,
the conference room in Borough Hall, and the Bogota Fire Houses. Each
additional outlet installed, if any, shall be paid for by the institution
requesting the same on a materials plus labor basis. Monthly service
charges shall be charged at the regular tariffed rates for additional
outlets.
[Ord. #1137, S10]
The company shall provide the equipment listed below for public,
educational, or governmental use:
a.
The company will move the existing cable modulator from Bogota High
School to a designated spot in the conference room at Bogota Borough
Hall.
b.
Within thirty (30) days of January 1, 1997, the company will provide
the municipality with the following new equipment:
|
Number
|
Description
|
|---|---|
|
2
|
Video camera, system compatible (min 1 camcorder)
|
|
2
|
Interface cables to MX-1 mixer
|
|
2
|
Interface cables to AB-1 editor
|
|
2
|
Tripods
|
|
1
|
Sound effects mixer
|
|
1
|
Titlemaker 2000 character gen
|
|
1
|
MX-1 digital video mixer
|
|
1
|
AB-1 editing controller
|
|
Pkg
|
Auxiliary cables and wiring
|
|
1
|
System compatible VCR
|
[Ord. #1137, S11]
a.
The company agrees that it will provide such programming and services
consistent with the company's application, as herein defined,
and any additional services that the company believes are in the public
interest and in compliance with applicable law.
b.
The company shall at all times during its operation furnish to its
subscribers the best possible signals available under then-existing
conditions, and in accordance with all applicable State and/or Federal
regulations. The company shall maintain all parts of the system in
good working order at all times, and shall respond to all service
calls and correct malfunctions as promptly as possible, on a seven
(7) day per week basis.
[Ord. #1137, S12]
The company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
all areas of the franchise territory described herein, at tariffed
rates for standard or non-standard installation.
[Ord. #1137, S13]
In the event that the company or its agents shall disturb any
pavement, street surfaces, sidewalks, driveways or other surfaces
in the natural topography, the company shall at its sole expense restore
and replace such places or things so disturbed in as good condition
as existed prior to the commencement of said work.
[Ord. #1137, S13]
If at any time during the period of this consent, the municipality
shall alter or change the grade of any street, alley, or other way
or place, the company, upon reasonable notice by the municipality,
shall remove, re-lay, and relocate its equipment, at the expense of
the company.
[Ord. #1137, S13]
The company shall temporarily move or remove appropriate parts
of its facilities to allow for the moving of buildings, and machinery,
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when requested by the municipality,
in which case the company shall bear the cost.
[Ord. #1137, S13]
During the exercise of its rights and privileges under this
franchise, the company shall have the authority to trim trees upon
and overhanging streets, alleys, sidewalks, and public places of the
municipality so as to prevent the branches of such trees from coming
in contact with the wires and cables of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
[Ord. #1137, S14]
The company shall provide access time to the Mayor and Council
of the Borough of Bogota on its local access channel for governmental
programming including the airing of the meetings of the mayor and
council and other borough activities.
[Ord. #1137, S15]
The company shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the municipality. The company shall in no
way be held liable for any injury suffered by the municipality or
any other person, during an emergency, if for any reason the municipality
is unable to make full use of the cable television system as contemplated
herein. The municipality shall establish reasonable procedures for
such emergency uses.
[Ord. #1137, S16]
During the term of this franchise, the company shall maintain
a local business office or agent for the purpose of receiving, investigating,
and resolving all complaints regarding the quality of service, equipment
malfunctions, and similar matters. Such local business office shall
be open during normal business hours, and in no event less than 9:00
a.m. to 5:00 p.m., Monday through Friday, and shall have a listed
telephone number. The company shall maintain a staff sufficiently
competent to provide adequate and prompt service to subscribers, as
prescribed in N.J.S.A. 48:5A-26(d).
[Ord. #1137, S17]
The Office of Cable Television is hereby designated as the complaint
officer for the municipality, pursuant to N.J.S.A. 48:5A-26(b). All
complaints shall be received and processed in accordance with N.J.A.C.
14:17-6.5.
[Ord. #1137, S18]
The rates of the company shall be subject to regulation as permitted
by Federal and State law.
[Ord. #1137, S19]
During the life of the franchise the company shall give a bond
to the municipality, which bond shall be in the amount of twenty-five
thousand ($25,000.00) dollars. Such bond shall be to insure the faithful
performance of all undertakings of the company as represented in its
application and incorporated herein.
[Ord. #1137, S20]
The municipality and the company acknowledge that the company
has filed a motion seeking a confidentiality order. The parties have
not been able to reach an agreement on the relief sought and reserve
all rights to litigate the issues raised in the motion.
[Ord. #1137, S21]
Prior to the commencement of construction or construction or
the acceptance of any subscriptions, the company shall provide the
borough with certificates evidencing insurance naming the municipality
as an insured, and insuring against liability for any death, personal
injury, property damage, or other liability arising out of the company's
construction and operation of its CATV system. The company agrees
to maintain and keep in full force and effect, at its sole expense,
during the term of this franchise, minimum insurance of five hundred
thousand ($500,000.00) dollars for bodily injury or death as to any
one (1) person, one million ($1,000,000.00) dollars for bodily injury
or death resulting from any one (1) accident, and one hundred thousand
($100,000.00) dollars for property damage.
[Ord. #1137, S22]
The mayor and council recognize that State law allows, but does
not mandate, reduced or discounted rates for the elderly or the disabled.
The mayor and council request that the company institute a discount
rate for persons who meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled, pursuant to
N.J.S.A. 30:4D-21.
[Ord. #1137, S23]
Should any Federal or State agency having jurisdiction modify,
change, or alter any of its provisions with respect to the subject
matter of this chapter, such modifications, changes, and alterations
shall be incorporated into this consent, consistent with the applicable
dates specified as to any such change.
[Ord. #1137, S24]
All ordinances or parts of ordinances that are inconsistent
with the provisions of this chapter are hereby repealed, but only
to the extent of such inconsistencies.
[Ord. #1137, S25]
The provisions of this chapter are severable. If any part of
this chapter is declared to be unconstitutional or invalid by any
court or State agency of competent jurisdiction, the remaining parts
of this Ordinance will remain in full force and effect.
[Ord. #1137, S26]
This municipal consent shall become effective as of the date
upon which the municipality received written notification that the
company accepts the terms and conditions hereof.
